The legal provisions on how much pension a woman can receive after a divorce

Updated on society 2024-05-02
7 answers
  1. Anonymous users2024-02-08

    There is no provision in the Marriage Act that the man shall pay the woman's pension in the event of divorce, and the Marriage Act stipulates that in the event of divorce, if the woman is in financial difficulty, the other spouse shall provide appropriate assistance from her personal property such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

    According to the Marriage Law of the People's Republic of China:

    Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

    The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

    Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

    Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

    Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

  2. Anonymous users2024-02-07

    Pensions are for the dead.

  3. Anonymous users2024-02-06

    I was so happy that I couldn't say anything%9

  4. Anonymous users2024-02-05

    There is no hair, and only if you die in the line of duty can you have a pension?

  5. Anonymous users2024-02-04

    The law stipulates that the woman may claim financial compensation if the man has the following circumstances: 1. bigamy; 2. Cohabitation with others; 3. Committing domestic violence; 4. Abuse or abandonment of family members. It should be noted that the claim for compensation needs to be filed at the same time as the divorce lawsuit.

    Article 1091 of the Civil Code stipulates that in any of the following circumstances, the innocent party shall have the right to claim damages if the divorce is caused:

    a) bigamy; 2) cohabitation with another person;

    3) Committing domestic violence;

    4) Abuse or abandonment of family members;

    5) There are other major faults.

    1. Is domestic violence illegal?

    If a person violates the law of domestic violence, he or she may request help from the Women's Federation, or report to the public security organs, or if the domestic violence seriously leads to the breakdown of the marital relationship, he or she may file a lawsuit for divorce with the people's court and request compensation for damages, including material damages and moral damages.

    According to Article 1091 of the Civil Code of the People's Republic of China, which came into effect in 2021, if any of the following circumstances leads to divorce, the innocent party has the right to claim damages:

    a) bigamy; 2) cohabitation with another person;

    3) Committing domestic violence;

    4) Abuse or abandonment of family members;

    5) There are other major faults.

    2. How to divide the property of the divorce if the husband and wife are at fault.

    The spouse who is at fault in the divorce may have less or no division of the property.

    1. When the husband and wife divorce, the two parties can negotiate to divide the joint property, and if the negotiation fails, the court can divide it according to the interests of the children, the woman, and the party who is not at fault.

    2. If there is bigamy on the party at fault; cohabitation with another person; committing domestic violence; If there is serious wrongdoing such as abuse or abandonment of family members, the person who is not at fault can claim damages.

    Article 1091 of the Civil Code stipulates that in any of the following circumstances, the innocent party shall have the right to claim damages if the divorce is caused:

    a) bigamy; 2) cohabitation with another person;

    3) Committing domestic violence;

    4) Abuse or abandonment of family members;

    5) There are other major faults.

    Article 1091 of the Civil Code.

    In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:

    a) bigamy; 2) cohabitation with another person;

    3) Committing domestic violence;

    4) Abuse or abandonment of family members;

    5) There are other major faults.

  6. Anonymous users2024-02-03

    For those who meet the requirements for economic assistance, the specific method and time of assistance shall first be decided by the person who disturbs the sail at the banquet through negotiation; If the negotiation fails, the people's court may make a judgment. The specific method should depend on factors such as the degree of hardship of one party and the financial capacity of the other party. Specifically:

    1) At the time of divorce, if one party is young and has the ability to work, but only has temporary difficulties in life, the other party can give short-term or one-time assistance; (2) If one party has been married for many years, and one party is old, sick, disabled, or has lost the ability to work and has no livelihood, the other party shall give appropriate arrangements in terms of residence and living, and may give one-time or long-term assistance according to the specific circumstances; (3) In the event of divorce, the criminal form in which one party uses the housing in his or her personal property to help the person in difficulty may be the right to live in the house or the ownership of the house; (4) During the period of assistance, if the subsidized party marries another party or the financial income is sufficient to support his or her livelihood, if the determined assistance fee has not been executed or has not been fully implemented, the helping party may stop paying it; Where, after the enforcement of the original plan for economic assistance is completed, one party requests that the other party give further economic assistance, the people's court will generally not support it. The parties concerned shall resolve their own difficulties in life, and the other party shall no longer have the obligation to help. Article 40 of the Marriage Law of the People's Republic of China [Compensation] If the husband and wife agree in writing that the property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

    Article 42: [Appropriate Assistance] In the event of a divorce, if one party is in difficulty, the other party shall provide appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

  7. Anonymous users2024-02-02

    The woman does not need to pay compensation if she files for divorce. No matter who files for divorce, no compensation should be paid, divorce is the right of the parties. However, if the divorce is successful, and one party takes care of the children and the elderly more lead, he can get compensation from the other party, and there is no provision for compensation.

    [Legal basis].Article 1088 of the Civil Code.

    If one of the spouses has more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

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